Citizen sues over Kenya Power CEO appointment

A woman describing herself as a public-spirited citizen has gone to court to challenge the appointment of Kenya Power #ticker:KPLC managing director Bernard Ngugi.

In the case to be heard in February, Maureen Nyambura Ngigi wants the Employment and Labour Relations Court to declare the appointment unconstitutional for allegedly failing to put into consideration mandatory legal and constitutional processes.

The interviews were conducted by consultancy firm Deloitte between September 22 and 24. The board of directors, which has been sued by Ms Ngigi, later on September 29, announced Mr Ngugi as the CEO after a competitive process.

Other than revoking the appointment, Ms Ngigi also wants the court to compel the board to make public the details of the entire clearance and recruitment process. She has also named the Public Service Commission and the Attorney -General as respondents in the case.

Ms Ngigi argues that the appointment was made despite the fact that Mr Ngugi formerly served as the general manager, supply chain, where he oversaw several procurement and tendering processes, among them the procurement of faulty transformers, a matter that is pending in court.

Two former managing directors are facing charges together with former senior officials KPLC.

Ms Ngigi says that it defies logic and legal considerations that an individual in office and directly involved in the procurement process, was cleared and subsequently appointed the substantive managing director.

She said Mr Ngugi was also among the officers affected by a directive by President Kenyatta in June, 2018, which required public officers, among them all heads of procurement and accounting units in ministries, departments and agencies, to step aside to facilitate fresh vetting.

The vetting was to determine their suitability to continue serving as public officers.

She has questioned how Mr Ngugi was cleared by the Ethics and Anti-Corruption Commission to vie for the position, despite the active graft charges in court, which directly relate to his former docket.

Ms Ngigi says the hiring was marred by lack of transparency in the interview process, there was scanty information and recruitment details.

She said the process was inconsistent with express provisions of the constitution and law which requires an open, fair and competitive, merit-based exercise. The plaintiff said she was apprehensive that Mr Ngugi’s continued stay and acting in office with the questions lingering, will lead to prejudice and breach of public interest.

“That it is apparent in view of the foregoing that questions remain around the fairness and impartiality of the selection process and in effect the suitability of the candidate who was eventually announced,” she said in an affidavit.

She claimed in her affidavit that she believed that various insider vested interests were at play, which meant to retain control of the power utility firm by handpicking and appointing Mr Ngugi to the position.

Justice Maureen Onyango directed the board and other respondents to file their responses and submissions, ahead of hearing on February 4, 2020.

She, however declined to issue any order, including suspending Mr Ngugi from office, pending the determination of the case.